Victorian Numbered Acts Victorian Numbered Acts(1) Subject to this section, a person must not—
(a) disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage; or
(b) carry out scientific research on an Aboriginal place or remove an Aboriginal object from that place for the purpose of that research; or
(c) buy or sell an Aboriginal object; or
(d) remove an Aboriginal object from Victoria—
other than in accordance with the terms of a cultural heritage permit if the person knows, or ought reasonably to know, or is reckless as to whether, the cultural heritage is Aboriginal cultural heritage.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note: A permit cannot be obtained in relation to Aboriginal human remains or secret or sacred Aboriginal objects: see section 37(1). The protection of Aboriginal human remains and secret or sacred Aboriginal objects is dealt with in Part 2.
(2) Sub-section (1) does not apply—
(a) to anything done in the course of preparing a cultural heritage management plan in accordance with Part 4; or
(b) to anything done in accordance with an approved cultural heritage management plan; or
(c) to a public entity in respect of an Aboriginal object or a collection of Aboriginal objects that the public entity removes from Victoria for the purpose of—
(i) lending the object or collection to a person or body located outside Victoria; or
(ii) returning the object or collection to a person or body outside Victoria that had lent the object or collection to the public entity.
(3) In this section, "public entity" means—
(a) the Museums Board; or
(b) the Council of Trustees of the National Gallery of Victoria (within the meaning of the National Gallery of Victoria Act 1966 ); or
(c) a university; or
(d) a gallery or museum conducted by a body established for a public purpose.